Jyotish Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2551 of 2021 Arising Out of PS. Case No.-147 Year-2017 Thana- KATORIYA District- Banka ====================================================== JYOTISH DAS Son of Ghutan Das @ Ghutar Das, Resident of Village - Anjora, Ward No.16, Bampass Town Deoghar, P.O. and P.S.- Deoghar, Distt.- Deoghar , (Jharkhand).
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md. Nurul Hoda For the Opposite Party/s :
Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 16-03-2021 Heard learned counsel for the parties.
Petitioner seeks bail in a case registered for the offence punishable under Sections 395/412 of the Indian Penal Code.
The allegation as per the first information report is that 3-4 unknown persons entered into the State Bank of India, Katoria Branch and looted a sum of Rs.5,30,050/- from the said Bank on gun point.
It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case. Petitioner was never put on T.I. parade during investigation nor anything was recovered from his possession. It has been submitted that name of the petitioner has surfaced in this case
Patna High Court CR. MISC. No.2551 of 2021(2) dt.16-03-2021 2/3 on the confessional statement made by the co-accused, Manoj Das and Monu Agrawal and except the said confessional statement, there is no any other incriminating material against the petitioner. Similarly placed co-accused persons have already been granted bail by different co-ordinate Benches of this Court, as contained in Annexure 2 series. Petitioner has no criminal antecedent and he is in custody since 16.06.2020. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Katoria P.S. Case No. 147 of 2017, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case,
Patna High Court CR. MISC. No.2551 of 2021(2) dt.16-03-2021 3/3 prosecution will be at liberty to move for cancellation of bail of the petitioner.
(S. Kumar, J) Sanjay/- U T